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22 views

relationship between claims and embodiments

When drafting a utility patent applications, which component is decided first, the claims (scope) or the embodiments? Does the claims come first and then the inventor furnish as much embodiments as ...
1 vote
1 answer
81 views

Proper title of Zuse patent submission Z23624

Consider the Zuse computer patent submission Z23624, available from the Konrad Zuse Internet Archive. The title of the ZIA ID 0177 in http://zuse.zib.de/pdfs is Patentanmeldung Z23624 "...
0 votes
1 answer
25 views

submitting a completed non-provisional patent application as a provisional patent application

I have hired a lawyer to draft a non-provisional utility patent application. When it is completed, could I submit it as a provisional patent instead? Whenever I am ready, I will then convert the ...
0 votes
1 answer
51 views

My late husband, Thomas Bruce Meagher patent guru has 52 utility patents, as his widow should I get any royalities? It has not been 20 years for some

I am the Widow of Thomas Bruce Meagher patent guru, lost my husband January 1 2010 in horrible accident. Is it possible I could get royalities from his 52 utility Patents? We were married fifteen ...
0 votes
1 answer
42 views

Do the drawings of a patent application have to be actual drawings or can they be screenshots?

I hired a patent attorney to draft a software patent for an app. I took screenshots of the app and sent it over to my attorney. They said that they will add them to the patent application. But I have ...
0 votes
2 answers
51 views

Can someone file a patent for your invention in another country while your application with the USPTO is in provisional state?

Inventor files provisional application with USPTO, obtains "patent pending" status. Inventor then discloses his inventor to potential investors. Can these potential investors, or anyone, ...
0 votes
0 answers
15 views

what percentage of patent applications are directly non-provisional verus starting out with a provisional?

Is there any statistics on the breakdown? And specifically, what about patents for software?
1 vote
1 answer
78 views

When/how to change the title of an application at the international stage?

A US provisional was filed, then a non-provisional and PCT were filed within 1-year of the provisional. The non-provisional and the PCT applications include a typographical error in the title. The non-...
1 vote
1 answer
51 views

Can an unregistered e-filer pay using a deposit account?

I've had trouble with the credit card payment interface in the past, hence this question. I'd expect the answer to be yes, but I'm also somewhat wondering how the USPTO controls access to the deposit ...
1 vote
1 answer
27 views

Regarding the impact on patent rights after responding to OA (Office Actions) for family patent applications in multiple countries

I would like to seek advice on a matter. For a patent to be protected in multiple countries (such as the IP5 countries), a common strategy involves submitting a PCT application based on the priority ...
0 votes
1 answer
45 views

can an attorney with mechanical and electrical engineering background write a good software patent application?

I am researching a possible patent attorney who has educational backgrounds in mechanical and electrical engineering. He has obtained more than 800 patents over the course of his 30 year career. In ...
-1 votes
0 answers
24 views

I have several patents that are generating revenue. I am the inventor. I assigned the patents to the company

When assigned to the company, they, by employment and royalty agreement, were obligated to pay royalties quarterly. Thus far limited payments made and none over the last 1.5 years. Obligations to pay ...
0 votes
2 answers
38 views

Is this patent still active/legal?

This question is in regards to patent US7975953B2 To me this looks expired, but in legal "patent-terms" i'm not sure what that would mean. Is it still active? Is it then leagal world wide ...
0 votes
1 answer
26 views

how to exclude patents from a specific country?

There is an inventor with my same name, and I am setting up an external search using USPTO and I would like to exclude the patents based on a specific country or for instance when the author zip code ...
1 vote
1 answer
88 views

Scope of a method claim when it uses terms that are narrowly construed in an apparatus claim

I'm trying to decipher a competitor's patent (US only), which follows the usual system-method-CRM format for computerized patents (in this case, a standard computer with standard peripherals running ...
0 votes
1 answer
166 views

'Novelty only' prior art

Can someone explain to me the meaning of novelty only prior art, and the difference between this and regular prior art? Thanks.
0 votes
4 answers
62 views

I have 2 ideas for a utility patent what should I do with them?

I have a design for a modified sensored blushless dc motor and a method to control this modified motor. This modification along with the control method improves the BLDC motors power density, torque ...
0 votes
0 answers
6 views

What is the format of a patent permalink at USPTO?

I seek a permalink to cite a US patent from ORCID. I used PPS to find US 7767066, however could not locate a permalink.
0 votes
2 answers
91 views

I have a day-trading investment strategy using ETF QQQ. I am ready to get it coded before installing it on my brokerage account. Can I patent it now?

I have a precise investment strategy using Bollinger Bands, 3 minute charts, and specifically defined QQQ price movement requirements that dictate buy and sell points. The decision steps are ...
0 votes
1 answer
34 views

Where i can find the kinetic reaction about the US20050281732A1 patent?

I cant find anything on journal explain about the kinetic reaction beeten FeCl2 + H2SO4
1 vote
1 answer
13 views

signature on amendment USPTO

in studying the I found this policy: An amendment must be signed by a person having authority to prosecute the application. but no detailing where should I sign, anyone knows I just sign on the cover ...
0 votes
1 answer
29 views

Clarification Needed: Patent Scope and Prior Art for Auto-Injector Mechanism Design

I've been working on a device with a mechanism similar to these auto-injectors: https://patentcenter.uspto.gov/applications/29124543/ifw/docs?application= https://patentcenter.uspto.gov/applications/...
0 votes
1 answer
24 views

How long does it typically take an attorney to draft a software patent?

For each tier of complexity for a software patent, simple, medium, and complex, what is a typical time frame for it to take an attorney to draft the patent. No patent search is involved, just the ...
4 votes
3 answers
824 views

How much of this profiler patent (US Patent No. 8,516,467) distinguishes over prior art?

A lot of this patent feels like it has prior art in existing tools such as disassemblers and profilers. Patent text Claim 1 A method for detecting a time complexity associated with an ...
0 votes
1 answer
73 views

Who owns rights to patent GB260015414?

I was told that a biomedical company has ownership or exclusive rights to Patent GB260015414. I don't know if it is a mechanical device or a chemical process? Just that it is valuable. If I can't find ...
0 votes
1 answer
36 views

Who Owns the IP Rights? Invention Outside Company Market

I work for a company that manufacturers X commercial machines. I have come up with a new invention that can be sold in the fixture components market (completely unrelated to the products my company ...
1 vote
2 answers
134 views

How to delimit the last element in a list of means?

The claim 2 has a list of means that apply to "the object" but it may be misconstrued that the last element in the list is not "intercepting" but rather "intercepting the object" in which case the ...
0 votes
1 answer
79 views

I am a small independent inventor. How can I monetize my patent after obtaining it?

I have a granted patent, and its PCT application is active, allowing for international and subsequent applications. What are the suitable methods for patent monetization? 1.By seeking corporate ...
1 vote
0 answers
16 views

Determining expiry on US patents with both patent term adjustment and patent term extension

In the case of a patent with both patent term adjustment (PTA) and patent term extension (PTE) in which cases will the PTA allow this extension to be longer than the PTE alone? For example, US6967208 (...
1 vote
1 answer
95 views

using of generic placeholder "module" that invokes 35 U.S.C. 112(f)

I have a patent containing multiple placeholders such as "a vision processing module" and "a mapping module" which have been regarded as means-plus-function and invoked 35 U.S.C. ...
0 votes
2 answers
51 views

Significance of the publishing date of a patent

If a patent application has been filed but has not but published, then it can still be used to block a later patent application for the exact same invention. However, what if a later patent ...
0 votes
1 answer
117 views

What figures/drawings to include if patenting a chemical solution?

My patent is for a chemical solution comprised of 2 chemicals that is used for a specific purpose in a specific industry. How am I supposed to include figures if it's not a design but just a ratio of ...
1 vote
2 answers
45 views

Can you sell products manufactured from a patented process in the country which the process (but not the product) is patent active?

I'm wondering if you can manufacture a product using a patented process in a country where that patent for the process is inactive, and then sell the product of that process in a country where the ...
1 vote
2 answers
52 views

what can be used as published prior art?

Let's suppose that some 8th grader documented their invention in a term paper and submitted it. The teacher graded it and returned it to the 8th grader. Ever since then, that paper is stored in the ...
1 vote
2 answers
166 views

I would like to use this mirror for motorcycle use with different mounting as sold

In reference to the patent: USD247292 I would like to use the mirror with an "L" bracket (manufactured) installed in place of the bar end mount for off-road motorcycle use. "L" bracket would be ...
0 votes
1 answer
75 views

Should a ridesharing platform be allowed a patent?

In reference to the patent: US20150058051 Knowing companies like Uber, AirBnb, RelayRides are share economy companies, what makes this company any different? If this man get a patent, does that mean ...
0 votes
1 answer
30 views

Invalidating a claim which contains a step to charge a user but missing the step that enables the user to consent to be charged

Parts of a software method claim: determining a fee based on the first user profile rating; charging the fee to the first user after the first gift is accepted. In the entire method claim, there is ...
0 votes
1 answer
24 views

difference between claiming a software invention as a method, apparatus, or system?

I see many software patents that essentially have multiple repeated claims claiming the same thing but in the form of a method, then system, and then apparatus. What the difference between claiming a ...
0 votes
1 answer
60 views

Can members of the general public create and publish hyperlinks to patents in the USPTO's Patent Public Search system?

From what I understand, the USPTO Web site has a system called Patent Public Search that can be used to search for patents. On this USPTO page, there is an information box that mentions the ...
1 vote
1 answer
62 views

Bacteria was used treat cancers at one time. Did the manufacturer, Parke Davis, ever patent these cancer treatments called Coley's Toxins?

A Commotion in the Blood. By Stephen S. Hall. Page 117 "a further discouragement in terms of the toxins is that without patent protection on a hundred year old treatment, there is little ...
3 votes
3 answers
108 views

How are patents to "a second medical use" enforced?

As I understand it, the EPO allows claims to a second medical use of a known substance. These claims are not the same as the formerly used "Swiss-type claims" that were drawn to the use and ...
3 votes
1 answer
350 views

What are the major take-aways on the first-(inventor)-to-file rules that go into effect March 16, 2013?

The last and possibly most significant change to the U.S. patent system from the AIA goes into effect in less than a month. What will it mean for inventors and for prior art submitters?
3 votes
1 answer
148 views

Prior Art Request - US9688399 ("Remotely operated surveillance vehicle management system and method with a fail-safe function")

I'm trying to locate prior art for US9688399 ("Remotely operated surveillance vehicle management system and method with a fail-safe function"). The prior art would have to be dated before ...
0 votes
2 answers
44 views

can any patent attorney draft a good software patent?

I am trying to determine if a patent attorney truly needs to know anything about computers or software at all to write a good software patent? The way I see it, all software is a method or a system? ...
0 votes
1 answer
23 views

Fitting two distinct inventions into one patent?

Let's say that I am building a mobile app. There are two novel features of this app that set it apart from prior art. However, these two features are inherently unrelated. But because they are for the ...
0 votes
2 answers
27 views

in a method claim, how to word it such that the order of certain steps can vary?

Method claim: The server receives a request from User A containing the unique id of a professor on the server's database; This request is stored on the database; x) a time slot is determined for this ...
0 votes
1 answer
15 views

is it common for attorneys and clients to interact entirely remotely online?

I am currently searching for patent attorneys. But I am only limiting my search to my city. I am wondering if that is unnecessary? Is it common now for the clients and attorneys to interact entirely ...
2 votes
1 answer
585 views

USPTO Customer Number

I submitted a customer number request form per this page. How long does it generally take for the USPTO to fulfill the request and email a customer number? And after a customer number has been ...
0 votes
1 answer
69 views

If a company has been selling your patented invention on the market

If the patent has been granted, what are your next steps. Assuming that you are successful in those next steps, what will you be able to get from the company? Will you be able to get 100% of profits ...
0 votes
0 answers
53 views

what percentage of initial consultations do not lead to the patent attorney accepting the client's business?

In order for an inventor to get an attorney to draft a patent for their invention, there is an initial consultation where the inventor discloses their invention to the attorney. questions: What ...

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